By Lou Ann Anderson/EstateofDenial.com
EstateofDenial.com was pleased to join many of our grassroots activist friends and colleagues in signing a letter calling on the Texas House of Representatives to ensure the upcoming session provides conservative leadership responsive to voter sentiments expressed with the recent election.
As a Texas-based web site, EoD follows the estate abuse/probate corruption issue and works to educate the public regarding the threats such actions pose to both their personal freedom and property rights. We believe government leaders possessing truly conservative values will be essential for a meaningful review of this issue to occur.
At EstateofDenial.com, we write about Involuntary Redistribution of Assets (IRA) actions in which probate venues and probate instruments (wills, trusts, guardianships and powers of attorney) are used to loot assets of the dead, disabled or incapacitated. With guardianships, these instruments can be used to hijack an individual’s personal freedom as well as their property.
While disgruntled family members, wannabe heirs and/or unscrupulous attorneys may lead the charge for such efforts, the legal industry as an entity comprising lawyers, judges and other court-associated personnel is also often seen as a key player.
The probate issue is about property rights – both a person’s right to designate the final distribution of their assets and a civilized society’s obligation to see that those wishes are honored. The transfer of property from one generation to another is a time-honored American tradition that is currently threatened and will only be preserved if “the people” demand government representation that respects and will take action to defend our property rights.
The rule of law is central to fighting probate corruption as the legal system is openly used to perpetrate IRA actions while apparent complicity on the part of court officials usually goes unchallenged. Again, conservative government leadership that believes and will take strong action to uphold the rule of law – even when it sometimes means coming after their own – is critical for probate reform.
And while individual liberty has long been a focal point in American life, with administrative ease and a relatively casual process, guardianships are becoming a more common status for Texans of all ages – some under highly questionable circumstances. Understand that a guardianship causes the “incapacitated” person to typically lose basic rights such as the ability to sign contracts, vote, marry or divorce, buy or sell real estate, or make decisions about medical procedures. They can also lose complete control over any property. While minors have long had guardians, this legal suspension of rights is now more commonly being extended to the elderly as well as those deemed disabled or incapacitated. Guardianships are sometimes warranted, but the public and our officials must stay vigilant that neither government nor other unscrupulous individuals use this mechanism to create a new class of right-free citizens subject to exploitation on a host of fronts.
Property rights, the rule of law, individual liberty. These all are traditional and core conservative values important to Texans throughout our state. Voters have spoken loudly and strongly by retaining existing conservative voices and electing new ones.
The November election won conservatives a seat at the head of the table. Let’s make sure we take it.